A highway department employee who
responded to the scene of approximately 1000 catastrophic automobile accidents needed
to compare her work-related stress to that of similarly situated employees to
receive workers’ chompensation benefits for her mental injury, according to the Supreme
Court of Missouri. The Court overruled
the Missouri Court of Appeals, Eastern District, which found that the 2005
amendments to Missouri Revised Statutes section
287.120.8 required strict construction. This abrogated case law required
claimants with mental injury claims to present evidence proving that the amount
of stress they experienced was “extraordinary and unusual” compared to other
similarly situated employees. The Supreme
Court of Missouri reversed and held that the term “objective” in the statute
meant “whether the same or similar actual work events would cause a
reasonable highway worker extraordinary and unusual stress.”[1]
Saturday, October 7, 2017
Friday, October 6, 2017
State v. Johnson
Predatory sexual offenders,
as defined in Missouri Revised Statutes section 558.018.5(3), are subject to a minimum
sentence of life imprisonment with a chance of parole.[1] Angelo
Johnson (“Defendant”) was convicted of twelve counts of sexually-related crimes
against juveniles but tried to argue that he could not be a predatory sexual
offender because that distinction only applied to prior acts.[2] The
Supreme Court of Missouri disagreed, holding that section 558.018.5(3)
applied to charged acts, was not facially unconstitutional, and the circuit
court’s error from violating section 558.021.2 did not result in manifest
injustice in State v. Johnson.[3]
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